The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-02-10
Mr.. Lehman

said TO the Jury that he had provided
q great many authorities In support OF
the position he had taken on insanity,
but he would not tire the jury by
reference TO them all, but would con,
tent himself with one or two tests laid
down by the law books.
First, the test OF diBtinguishipp
between right aud wrong. This does
not mean that a man can get in q
violent fit OF rage, and with the pas.
Bione OF anger, hatred and revenge
aroused, 90 and Undue his hand in a
fellow creatures blood and say he did
1t under an irresistible impulse. They
talk about his brooding over his
troubles until 1t 80 worked upon his
mind that 1t produced emotional in
sanity. |, too, say yes, he brooded
over his troubles; brooded over them
thirsting for revenge, brooded over
them with passion dark and revenge.
ful taking possession OF his whole
being, brooded over them until he
finally concluded to let passion have
its way, and even then, not done
with the maddened frenzy Of
an insane mind, but done
in such cool, deliberate aud pre-
meditated way, as TO show conclusive
ly that he had considered the matter
well. Where man kills another
with deadly weapon the law pre-
Bumes malice from the use of the
deadly weapon, but here we not only
have the pIeeumpkon Of malice from
the use Of the deadly weapon bat we
have positive proof OF malics, shown
by their own witnesses. Bat they
started out In this case, Gentlemen,
by claiming that this murder was
perpetuated by divine right, a right
that every man has II all tirces-the
right OF self defense. You remember
when Maj. Broaddus was on the stand,
how they insisted on the Msior tell
ing something that apparently he was
keeping back; how they pressed tho
Major with the question: "Don't you
know that a knife or a pistol was
picked up there2" But they soon
discovered that this plea would not
dO-tha, 1t was too ridiculous to insist
on. IL Teminds me OF the story OF
the fellows who carried corpse
Into q saloon and stood him up
at the counter, called for drinks and
then went out, leaving the corpse
standing thers. The barkeeper watts
awhile for his cash and then aaked the
corpse who was going to pay for the
drinks. OF course the corpse said
nothing. Who is going to pay for the
drinks2 No response. Then the bar
keeper mauled the corpse over the
head with club and down he
tumbled, The others then ran in and
accused him OF killing their friend.
But did II in self defense, said the
barkeeper; he drew a knife on me.
This 10 just about the position OF these
gentlemen in their plea Of self defense.
Aud who is this man Sherwin, by
whom they show the deceased placed
his hand ON his pistol pocket, as IL
trying to draw a weapon? He says in
hle deuosition that he is resident of
Baltimore, but l have the register of
the Peabody Hotel here, where he reg
lsterei on the 4th OF Decembe r as a
resident OF Cincinnati. The law saws
that Drunkenness Is no excuse for
crime, but, gentlemen OF the jury, the
man whose mind is destroyed by
drinking in copious draughts of this
mind destroying poison, ia far more
excusable than the man WIN deliber.
ately drinks in with greedy relish
the deadly poison OF revenge
and malice, until his worst passions
and backest hatred press him ON to
dye his hand in the blood OF his hated
Toe. And they call this insanity, and
ask you oyyour verdict to say that this
lustities the defendant. They con-
denim the decisions OF the good old
State OF North CarJlina, but / will
show them that these decisions have
been sustained by every court in the
Un!oni nor can they find any law
setting out any such doctrine as that
conte ded for here. The speaker then
read d. cisons from some half dozen
Supreme Courts, whose rulings were
In accord with the law as set forth in
the Nor,h Carolina case, 30 severely
criticised by the gentlemen on the
other side. Now, in coming to the
great bulk OF the evidence in this case.
want TO say that it is no fau of the
State that all of these collateral issues
were brought into this case. We
fought for day and half while you,
gentlemen of the jury, were in
you room, to try aud keep
these matters and other people ont
Of tbi, case. The leaned Judge, actu.
sted 10y uhose humane prin.
elples to be found in a
Christian government, naturally
leanir % tue side Of the prisoner,
allowed them TO bring in almost what.
eve hey wanted, and they have seen
&c 10 bring the whole family into this
trial; ana then, gentleman, We WI O
tried to keep these mat e,s out had To
listen 10 fiiug5 from the other side.
Very much to my surprise end morti.
fication bad TO listen 10 tucA remarks
from he other side: "YOu can't hang
the deierda ant, but you can besmiroh
the sister" Was this JUST was this
right when We nave been doing all